04-853Council File # o y - �53
Green Sheet # 3021478
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
Committee: Date
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WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
removal of a two-story, wood frame, dwelling and the detached, two-stall, wood frame gazage located on
property hereinafter referred to as the "Subject Property" and commonly known as 596 Wells Street. This
property is legally described as follows, to wit:
I,ot 11, Block 36, Stinson's Subdivision of Block 36 Arlington Hills Add. to St. Paul.
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9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
1 O obtained by Neighborhood Housing & Property Improvement on or before February 29, 2004, the
1 1 following are the now known interested or responsible parties for the Subject Property: Eugene Windom
12 & Cazolyn Windom, 596 Wells St., St. Paul, MN 55101-4135; CiUFinancial Services, Inc., c/o
13 CitiFinancial Mrt Co Inc., P.O. Box 140639, Irving, TX 75014-0639; Peterson, Fram & Bergman, Suite
14 300, 50 E Fifth Street, St. Paul, MN 55101; Morequity, Inc., 5010 Carriage Drive, Evansville, IN 47715
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WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate
Nuisance Building(s)" dated May 18, 2004; and
WIIEREAS, this order informed the then known interested or responsible parties that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by June 17, 2004; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this
building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing &
Property Improvement requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance with the
provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of the
public hearings; and
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WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City
Council on Tuesday, August 24, 2004 to hear testimony and evidence, and after receiving testimony and
evidence, made the recommendation to approve the request to order the interested or responsible parties
to make the Subject Property safe and not detrimental to the pubiic peace, health, safety and welfare and
remove its blighring influence on the community by rehabilitating this structure in accordance with all
applicable codes and ordinances, or in the altemative by demolishing and removing the structure in
accordance with all applicabie codes and ordinances. The rehabilitation or demolition of the structure to
be completed within fifteen (15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September l,
2004 and the testimony and evidence including the action taken by the I.egislaUve Hearing Officer was
considered by the Council; now therefore
BE TT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning
the Subject Property at 596 Wells Street:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Lzgislative Code, Chapter 45.
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That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then known responsible
parties to conect the deficiencies ar to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Neighborhood Housing & Property Improvement has posted a placard on the Subject
Property which declazes it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Neighborhood Housing & Property
Improvement, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
L The above referenced interested or responsible parties shall make the Subject Property safe and
not detrimental to the public peace, heaith, safety and welfaze and remove its blighring influence
on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
the above referenced Order to Abate Nuisance Building(s) in accordance with a11 applicable codes
and ordinances, or in the alternative by demolishing and removing the structure in accordance
with all applicable codes and ordinances. The rehabilitation or demolition and removal of the
structure must be completed within fifteen (15) days after the date of the Council Hearing.
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1 2. If the above corrective action is not completed within this period of time Neighborhood Housing
2 & Property Improvement is hereby authorized to take whatever steps are necessary to demolish
3 and remove this shucture, fill the site and charge the costs incurred against the Subject Property
4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
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3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixtures of any kind which interfere with the demolition and removal shall be removed
from the property by the responsible parties by the end of this time period. ff all personal property
is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such property as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul I.egislative Code.
Yeas Navs Absent
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DeparhnenVofficelcouncil: Date Initiated:
NH — NeighborhoodHousing/Pioperty �-���-� Green Sheet NO: 3021478 "
Contact Person & Phone: Deoartment Sent To Person InitiaVDate
Andy Dawkins � , 0 ' borhood Ho ' o r V
26&7927 ASSign 1 ' borhoodHo ' o r De tDirector ��(
Must Be on Council Agenda by (Date): Number y :� Attornev i 8�G'�
� 0"I-SEP-04 For
Routing 3 a or's Office Ma or/ASSistant
Order 4 0 ��
5 i Clerk Ci Clerk
Total # of Signature Pages _(Clip NI Locations for SignaTUre)
Action Requested:
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject properiy
is located at 596 Wells Street
Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Musi Mswer the FollOwing �uestions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
I Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislarive Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to
repair or remave the building at 596 Wells Street by June 17, 2004, and have failed to comply with those orders.
AdvanWges If Approved:
The City will eliminate a nuisance. A� ��a 6
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DisadvantageslfApproved:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taxes.
Disadvantages If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will conrinue to blight the community.
Total Amount of 8000 CosURevenue Budgeted: Y
Transaction:
Funding source: Nuisance Housing ac�ivi�y Number: 30251 �q� ¢��g����n �pt �#�i
Financiallnformation: Abafement
(Explain) AUG 0 6 20�4
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DNISION OF PROPERTY CODE EYFORCEMENT
Artdy Dawkins, Progr¢m Manager
CTI'I' OF SAINT PAIJI , Nuicance Building Cade £nforcement
Randy C. Kelly, Hfayor 1600 North White BearAvenue
Saint Paul, MN 55/06
July 30, 2004
NOTICE OF PUBLIC HEARINGS
Councii President and
Members of the City Council
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Nei�hborhood Housin� & Property Improvement , VacanUNuisance Buildings Enforcemen[
Division has requested the City Council schedule public hearings to consider a resolution .
ordering the repair or removal of the nuisance building(s) located at:
596 Wells Street
The City Council has scheduled the date of these hearin�s as follows:
Legislative Hearing - Tuesday, August 24, 2004
Cit3• Council Aearing - Wednesday, September 1, 2004
The owners and responsible parties of record are:
Name and Last Known Address
Eu�ene Windom / Carolyn Windom
596 Wells St.
St. Paul, NL�T 55101-4135
Interest
Fee Owner
CitiFinancial Services, Inc.
c/o CitiFinancial Mrt Co Inc.
P.O. Box 140639
Irvin�, TX 7�014-0639
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Tar Owner, ho�der of first mort�age
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Te[: 657466-1900
Fax: 651-266-1926
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596 Wells Street
7uly 30, 2004
Pa�e 2
The legal description of this property is:
Lot il, Block 36, Stinson's Subdivision of Block 36 Arlington Hills Add. to St.
Paul.
Nei�hborhood Housina & Property Improvement has declazed this buildin�(s) to constitute a
"nuisznce" as defined by Legislative Code, Chapter 4�. Nei�hborhood Housing & Property
Improvement has issued an order to the then known responsible parties to eliminate this nuisance
condition by correcting the deficiencies or by razin� and removin� this buildin�(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blightin� influence of this property. It is the
recommendation of the Neighborhood Housing & Property Improvement tha[ the City Council
pass a resolution ordering the responsible parties to either repair, or demolish and remove this
building in a timely manner, and failin� that, authorize the Neighborfiood Housing & Property
Improvement to proceed to demolition and removal, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
1.+
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Steve Maaner
Vacant Buildings Supervisor
Neighborhood Housin� & Property Improvement
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cc: Frank Bera, Buildins Inspection and Design
Meghan Riley, City Attomeys Office
MarvErickson_ Assistant Secrerarv to the Coancii
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LEGISLATIVE HEARING MINLTTES OF AUGUST 24, 2004
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compliance date of July 2. As of this date, the property remains in a condition which comprises a
nuisance as defined by the legislative code. They have boarded the building to secure it against
trespass. The vacant building fees are due. Taacation has placed an estimated market value of $30,000
on the land and $73,000 on the building. As of September 14, 2004 a Code Compliance Inspection has
not been applied nor a bond posted. NHPI estimates the cost to repair is $75,000 to $100,000; the
estimated cost to demolish is $7,000 to $8,000.
Ms. Moermond asked was the information listed in the Order to Abate gathered through a Code
Compliance Inspection, as she does not see things enumerated in this way normally. Mr. Terbeek
responded that this was a building deficiency inspection of unusual diligence.
Ms. Moermond recommends approval for the following reasons: the registration fees are due, a bond
has not been posted, an owner or mortgage holder aze not present.
� Resolution ordering the owner to remove or repair the building(s) at 596 Wells Street. If the
owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is
ordered to remove the building(s).
(No one appeared to represent the properiy. Mr. Terbeek submitted photographs.)
Mike Terbeek reported the building has been vacant since August 13, 2003. The current owner is
CitiFinancial Services, Inc. A last minute phone call was received from a Robert Moore, who
indicated that there was a purchase agreement, CitiFinancial was intending to buy the property and
haue it rehabilitated. A purchase agreement was f�ed to NHPI. Six suinmary abatement notices were
issued to cut grass/weeds, remove debris, remove rubbish and scrap from garage, secure gazage door,
remove snow/ice, board window, resecure garage service door. On May 11, 2004, an inspection of the
building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and
photographs were taken. An order to abate a nuisance building was issued on May 18, 2004, with a
compliance date of June 17. As of this date, the property remains in a condition which comprises a
nuisance as defined by the legislative code. The City has had to board this building to secure it against
trespass. Vacant building registration fees are due. Taxation has placed an estimated market value of
$34,300 on the land and $83,500 on the building. As of August 24, 2004 a Code Compliance
Inspection has not been applied for nor a$2,000 bond posted NFIPI esrimates the cost to repair this
structure is $60,000; estimated cost to demolish, $7,000 to $8,000. There has been foreclosure
proceedings commenced against the homeowner by CityFinancial Services, which has a lien on the
property. The statutory period of redemption for this foreclosure ends on September 23, 2004.
Marcia Moermond asked has the City performed any of the stumnary abatement notices. Mr. Terbeek
responded the City acted on each one.
Ms. Moermond stated they have not had the building inspected, they haue not posted the bond, the
bank has not paid these fees, and the City has had to do maintenance on the exterior of the shucture,
and the bank is now e-mailing the City. It is hard for her to believe that the bank is now going to be a
responsible owner and make sure this is properly rehabilitated. Mr. Terbeek responded they received a
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LEGISLATIVE HEARING MINUTES OF AUGUST 24, 2004 Page 9
different address for CitiFincial Services. There may have been some miscommunication in the bank
itself.
Ms. Moermond recommends approval of the assessment. The Ciry also notified Peterson, Fram and
Bergtnan, attorney, and Morequity, which is the holder of a second mortgage on the property. They
have done more than their due diligence. The conditions aze deplorable. It is a decrepit physical
structure. Ms. Moermrond requested some interior photographs.
The hearing was adjoumed at 11:36 a.m.
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